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- Software License Agreement
- 1. NOTICE: THIS SOFTWARE IS BEING LICENSED TO YOU ON THE CONDITION
- THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE
- AGREEMENT (this "Agreement"). PLEASE READ THE LICENSE AGREEMENT
- CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING
- OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THE
- LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS THEN BLAZE
- TECHNOLOGIES, INC. ("Blaze") IS UNWILLING TO LICENSE THE SOFTWARE
- TO YOU AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE. IN SUCH
- CASE, IF YOU PAID FOR A LICENSE TO THE SOFTWARE, THEN RETURN THE
- UNINSTALLED SOFTWARE AND ALL OTHER MATERIALIN THIS PACKAGE ALONG
- WITH PROOF OF PAYMENT WITHIN 30 DAYS TO THE AUTHORIZED DEALER FROM
- WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID.
-
-
- This Agreement has 3 Sections. Section I applies if you have purchased
- a license to the accompanying software (the "Software"). Section II
- applies if you are evaluating the Software and have not purchased a
- license to the Software. Section III applies to all users.
-
-
- SECTION I - TERMS FOR USE BY PURCHASERS OF THE SOFTWARE
-
- Grant: If you have purchased a license to the Software, Blaze grants
- you a license to install and use the Software in accordance with the
- Permitted and Restricted Uses outlined in Section III.
-
- Limited Warranty: Blaze makes the following sole warranty:
- The media on which the Software is stored (if provided by Blaze) will
- be free from defects in materials and workmanship under normal use for
- a period of ninety (90) days from the date you purchased a license
- for the Software as evidenced on your proof of purchase. If the media
- fails to conform to this warranty, Blaze may at its sole discretion:
- (1) replace any media that you return during the warranty period or (2)
- provide you with a refund of your purchase price.
-
- WARRANTY DISCLAIMER:
- BLAZE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
- REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
- ERROR-FREE. BLAZE EXCLUDES AND EXPRESSLY DISCLAIMS ALL EXPRESS
- AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
-
- Some states do not allow the exclusion of implied warranties, so the
- above exclusion may not apply to you. This limited warranty gives you
- specific legal rights, and you may also have other legal rights, which
- vary from state to state.
-
- SECTION II - TERMS FOR USE IN EVALUATION OF THE SOFTWARE
-
- GRANT: Blaze grants you a license to install and use the Software free
- of charge for 30 days in order to evaluate the Software. The Permitted
- and Restricted Uses of the Software are outlined in Section III. If
- you are evaluating the Software in this manner, you are not entitled to
- technical support or telephone assistance.
-
- DISCLAIMER OF WARRANTY: THE SOFTWARE PROVIDED FOR EVALUATION
- PURPOSES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
- IF THE SOFTWARE IS DEFECTIVE, YOU AND NOT BLAZE MUST PAY FOR
- ANY COST OF SERVICE OR REPAIR.
-
- Some states do not allow the exclusion of implied warranties, so the
- above exclusion may not apply to you. This limited warranty gives you
- specific legal rights, and you may also have other legal rights, which
- vary from state to state.
-
-
- SECTION III - TERMS FOR ALL USERS OF THE SOFTWARE
-
- Ownership and License. This is a license agreement and NOT an agreement
- for sale. Blaze continues to own the copy of the Software and all other
- copies that you are authorized by this Agreement to make. The Software
- is protected by copyright law. Your rights to use the Software are
- specified in this Agreement, and Blaze retains all rights not expressly
- granted to you in this Agreement. Nothing in this Agreement constitutes
- a waiver of Blaze's rights under US Copyright law or any other federal
- or state law.
-
- Permitted Uses: You are granted the following rights to the Software:
- - You may install and use one copy of the Software on a single computer
- - You may make one copy of the Software for backup purposes. You may
- not copy the documentation.
- - You may transfer the Software on a permanent basis if and only if
- you:
- (1) transfer all copies of the Software on all media types, including
- but not limited to hard disks, floppy disks, CD-ROMs; (2) transfer
- all documentation; AND (3) the recipient agrees to the terms of this
- Agreement. If this is an upgrade version, you must transfer all
- previous versions as well. Furthermore, such transfer terminates
- your license for the use of the Software.
- - You may make and distribute an unlimited number of copies of
- individual, "self executing messages" that you develop with the
- enclosed programif and only if you: (1) do not sell, license or
- rent your self executing messages for profit; AND (2) do not in
- any way alter the screen that displays the notice "⌐1995-1998 Blaze
- Technologies, Inc. All Rights Reserved."
-
- Restricted Uses: You may not:
- - Rent, sublicense or lease the Software.
- - Modify, translate, reverse engineer, decompile or disassemble
- the Software.
-
-
- LIMITATION OF LIABILITY
- BLAZE SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF BLAZE HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLAZE'S LIABILITY
- TO YOU SHALL NOT, UNDER ANY LEGAL THRORY, EXCEED YOUR PURCHASE
- PRICE OF THE SOFTWARE.
-
- Some sates do not allow these limitations or exclusions, so they may not
- apply to you.
-
- Untied States Government Restricted Rights. The Software and
- documentation are provided with Restricted Rights. Use, duplication
- or disclosure by the US Government or any agency or instrumentality
- thereof is subject to restrictions as set forth in subparagraph
- (c)(1)(ii) of the of the Rights in Technical Data and Computer Software
- clause at DFARS 252.227-7013, or in subdivision (c) (1) and (2) of the
- Commercial Computer Software - Restricted Rights Clause at
- FAR 52.227-19, as applicable. Contractor/Manufacturer is Blaze
- Technologies, Inc., P.O. Box 4480, Mountain View, CA 94040-4480.
-
- Miscellaneous Provisions: This Agreement will be governed by laws of
- the State of California. No change or modification of this Agreement
- will be valid unless it is in writing and is signed by both you and
- Blaze. If you have any questions regarding this Agreement, write to
- us at Blaze Technologies, Inc., P.O. Box 4480, Mountain View, CA
- 94040-4480.
-
-